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H0502...............................................by REVENUE AND TAXATION COUNTY SALES TAX - Amends existing law relating to county sales taxes to revise legislative findings; to require that a minimum number of registered voters vote in order for a local option tax to be valid; to revise the purposes of the tax; and to remove a sunset date. 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 502 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO COUNTY SALES TAXES; AMENDING SECTION 63-2601, IDAHO CODE, TO 3 REVISE LEGISLATIVE FINDINGS; AMENDING SECTION 63-2602, IDAHO CODE, TO 4 REQUIRE THAT A MINIMUM NUMBER OF REGISTERED VOTERS VOTE IN ORDER FOR THE 5 TAX TO BE VALID AND TO REVISE THE PURPOSES OF THE TAX; AMENDING SECTION 6 63-2604, IDAHO CODE, TO REVISE GENERAL PROVISIONS; AND AMENDING SECTION 4, 7 CHAPTER 363, LAWS OF 2003, TO REMOVE A SUNSET DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 63-2601, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 63-2601. LEGISLATIVE FINDINGS. The legislature hereby finds that the 12increase inrapid growth of the population of certain counties and the influx 13 of great numbers ofpeople travelingshort-term residents to those counties 14for sport, recreation and businesshave created a drain onthecounty infra- 15 structure that is borne to an inequitable degree by the property owners of 16 those counties through the payment of property taxes. The legislature finds 17 that it isbothequitableand desirableto shift a portion of this tax burden 18in partfrom the property owners of the county to those visitors partaking of 19 the services of the county. This would be accomplished by using one-half (1/2) 20 of the proceeds of sales taxes collected pursuant to this chapter for property 21 tax relief. The legislature finds that a local option tax has been used effec- 22 tively in parts of Idaho and that other counties could benefit from this tool 23 as a means of paying for infrastructure enhancement. The legislature also 24 finds that this objective must be subject to the approval and supervision of 25 the voters of the county, both through their elected officials and through 26 direct input at the ballot box. 27 SECTION 2. That Section 63-2602, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 63-2602. AUTHORITY FOR COUNTY SALES OR USE TAX. The voters of a county 30 are given the authority to authorize their county government to adopt, imple- 31 ment and collect a sales tax or use tax upon all sales, without exception, 32 that are subject to taxation under chapter 36, title 63, Idaho Code. The 33 county commissioners of any such county are hereby given the freedom and 34 authority to adopt, implement and collect a sales or use tax as provided 35 herein if approved by the required minimum of sixty-six and two-thirds percent 36 (66 2/3%) of county voters voting in an election conducted on the fourth Tues- 37 day in May or on the first Tuesday after the first Monday in November, pro- 38 vided that a minimum of forty percent (40%) of the registered voters in the 39 county must vote in such election for the tax to be valid. No local option 40 sales or use tax proposal may be presented to county voters for approval or 41 modification for a period of fifty-one (51) weeks after an election to approve 2 1 or disapprove such tax. The question presented to the voters of a county shall 2 state the rate of the local sales or use tax, the duration of the tax, which 3 shall not exceed ten (10) years, and the purposes of the tax which shall be 4 county property tax relief anddebt retirement for expansion of detention5facilitiesthe funding of capital projects, exclusive of maintenance and oper- 6 ation costs. 7 SECTION 3. That Section 63-2604, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 63-2604. GENERAL PROVISIONS. Any ordinance assessing a tax pursuant to 10 this chapter shall contain a finding by the board of county commissioners 11 based upon evidence presented to it that the conditions set forth in section 12 63-2601, Idaho Code, exist and shall provide the methods for reporting and 13 collecting taxes due. Taxes collected pursuant to any such ordinance shall be 14 remitted to the county official designated in such ordinance or other such 15 official contracting, pursuant to this chapter, with the county to provide 16 collection services, and shall constitute revenue of the county available for 17 county property tax relief anddebt retirement for expansion of detention18facilitiesthe funding of capital projects, exclusive of maintenance and oper- 19 ation costs. In any election, the ordinance submitted to county voters shall: 20 (1) state and define the sales or use tax to be approved; (2) state the exact 21 rate of the tax to be assessed, which in no event shall exceed five-tenths of 22 one percent (0.5%) of the sales price of an item subject to taxation; (3) 23 state that the revenues derived from the sales or use tax shall be used for 24 county property tax relief anddebt retirement for expansion of detention25facilitiesthe funding of capital projects, exclusive of maintenance and oper- 26 ation costs; (4) state the duration of the tax which shall not be in excess of 27 ten (10) years or the date the obligation has been met for the project for 28 which the sales and use tax was passed pursuant to this chapter, whichever 29 occurs first. The county clerk of any county adopting an ordinance, or any 30 amendment thereto, shall forward a copy of the ordinance or amendment to the 31 state controller, the chairman of the state tax commission and the chairman of 32 the state board of tax appeals. 33 SECTION 4. That Section 4, Chapter 363, Laws of 2003, be, and the same is 34 hereby amended to read as follows: 35 SECTION 4. An emergency existing therefor, which emergency is hereby 36 declared to exist, this act shall be in full force and effect on and after its 37 passage and approval, and shall be null, void and of no force and effect on38and after December 31, 2009.
STATEMENT OF PURPOSE RS 15677 This legislation authorizes counties to adopt local option sales taxes and to implement and collect such tax. The bill requires that the measure 1)be put to the voters and obtain a minimum of 66 2/3% approval, 2)set forth the capital project to be funded, 3)be set for a period of time, 10 years or less, and 4)set forth the rate of taxation and that rate shall not exceed .5%. Not less than 50% of the revenue generated would be applied to reduce existing property taxes and the balance of such revenues used to provide needed services which would other wise be paid for by general fund revenues. Elections can only be held on primary and general election dates and 40% of the registered voters must vote to validate the outcome. FISCAL NOTE There is no impact to the state of Idaho as a result of this legislation. Should the voters in a county pass a local option sales tax, property taxes would be reduced by one-half of the additional tax collected with the balance applied to the specific purpose indicated. Contact Name: Senator John Goedde, Senator Dick Compton Representatives Marge Chadderdon, Frank Henderson, George Saylor Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 502